# The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019, Regulation 46

Extent: E+W+S+N.I.

(1) Section 10D (certification) is amended as set out in paragraphs (2) to (5).
(2) In subsection (1)—
(a) omit “preliminary”;
(b) for “it should” substitute “ to ”.
(3) In subsection (4)—
(a) omit “preliminary”;
(b) after paragraph (a) insert “ and ”;
(c) omit paragraph (c) and the “and” before it.
(4) Omit subsections (5) to (8).
(5) After subsection (8) insert—
“(9) The Authority must publish its decision to certify or to refuse to certify the applicant, together with the reasons for it, in such manner as it considers appropriate.”.
(6) Where, immediately before IP completion day, the Gas and Electricity Markets Authority has made a preliminary decision under section 10D of the Electricity Act 1989 on an application for certification, but not a final decision under Article 51 of the Electricity Regulation (or Article 3 of its predecessor), the Authority's preliminary decision is to be treated on and after IP completion day as if it were a final decision under Article 51 of the Electricity Regulation made immediately before IP completion day.
(7) If a preliminary decision of the Gas and Electricity Markets Authority is treated as a final decision to certify, or to refuse to certify, an applicant because of paragraph (6), the Authority must publish, in such manner as it considers appropriate, a document setting out that decision and the reasons for it.

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Source: https://www.legislation.gov.uk/uksi/2019/530/regulation/46 (the official version)
Page: https://openlegislation.uk/electricity-and-gas-etc-amendment-etc-eu-exit-regulations-2019/regulation-46
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.